Read on Twitter
As state & local leaders consider new social distancing & face covering orders this fall, they should be guided by lessons learned in the spring & summer. 100s of court decisions have assessed what's legally possible. I offer guiding principles here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3634997
1st: because widespread voluntary cooperation is the primary means of securing compliance—even for measures that are purportedly mandatory—orders should emphasize transparency & communication re: specific goals, criteria & timelines. It's critical to rebuild the public’s trust.
2nd: End all-or-nothing thinking. Focus on graded range of alternatives to ensure a sustainable emergency response. Tailor orders carefully to adjust to evolving local conditions & focus on highest-risk settings for biggest impact.
3rd: Ensure orders do not discriminate on the basis of religion or unduly burden fundamental rights (1st A, 2nd A, reproductive health access). Tread carefully when regulating religious gatherings & protests. Do so only through general rules, not specific limits for churches.
4th & most critically: to enable widespread voluntary compliance & minimize unjust distribution of the benefits & burdens, restrictions & mandates should be accompanied by facilitating supports ($$, worker protections, regulatory flexibility) to the fullest extent possible.
